Patna High Court
Rahul Lal Deo @ Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that no prima facie case of rape or sexual assault exists and therefore granted anticipatory bail to the petitioner.
Summary
The petitioner, Rahul Lal Deo, was arrested in connection with a missing‑minor case where he was alleged to have kidnapped and sexually assaulted the informant’s 17‑year‑old daughter. The girl later testified that she voluntarily left home, went to Delhi, and married the petitioner, denying any kidnapping or assault. The State opposed the petitioner's request for anticipatory bail. The court examined the statements and found no prima facie evidence of rape or sexual assault. Consequently, the court ordered that the petitioner be released on anticipatory bail, subject to a bond and sureties, under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether the allegations of kidnapping, rape and sexual assault against the petitioner constitute a prima facie case.
- Whether anticipatory bail should be granted under Section 438 Cr.P.C. and Section 482 of the Bhartiya Nagarik Suraksha Sanhita.
- Whether the conditions for bail, including bond and sureties, are satisfied.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyay Sanhita, 2023 — s. 115(2), 137(2), 3(5), 352, 96
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- kidnapping
- sexual assault
- minor
- marriage
- Bhartiya Nyay Sanhita
- Section 438
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33733 of 2026
Arising Out of PS. Case No.-412 Year-2025 Thana- BAHERI District- Darbhanga
======================================================
Rahul Lal Deo @ Rahul Kumar S/o- Late Navin Lal Deo R/o Village- Turki
Ps- Baheri Dist- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Baidyanath Prasad, Advocate
For the Opposite Party/s : Mr.Parmanand Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 14-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The accused-petitioner, named in the F.I.R., is
apprehending his arrest in connection with Baheri P.S. Case
No. 412 of 2025 registered for the offences punishable
under Sections 137(2), 96, 115(2), 352, 3(5) of the Bhartiya
Nyay Sanhita, 2023 (in short, the ‘B.N.S.’).
3. As per F.I.R., the minor daughter of informant
aged about 17 years found missing since 07.10.2025 when
she didn’t return to her home after attending school. It was
suspected that this petitioner might have kidnapped the
daughter of the informant as he was found seen with her as
reported by some persons.
Patna High Court CR. MISC. No.33733 of 2026(2) dt.14-05-2026
2/3
4. It is submitted by learned counsel appearing on
behalf of the petitioner that daughter of the informant, after
recovery categorically stated, while recording her statement
under Section 183 of the B.N.S.S., that when she was
scolded by her mother, she left her home and went to Delhi
where she approached to this petitioner and persuaded him
to solemnize marriage, whereafter she solemnized her
marriage with the petitioner. It is submitted that the
allegation of sexual assault and kidnapping was completely
denied by the victim through her statement. Petitioner
claimed clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. In view of the aforesaid factual submissions and
by taking note of the fact as allegation of rape and sexual
assault prima facie not appears available against petitioner,
accordingly, above-named petitioner, in the event of his
arrest/surrender within a period of four weeks from this
order, is directed to be enlarged on bail on furnishing of bail
bond of Rs.10,000/- (ten thousand only) with two sureties
of the like amount each to the satisfaction of learned
Patna High Court CR. MISC. No.33733 of 2026(2) dt.14-05-2026
3/3
A.C.J.M. VII, Darbhanga/concerned court in connection
with Baheri P.S. Case No. 412 of 2025, subject to the
conditions as laid down under Section 438(2) of the
Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha
Sanhita (in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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